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HOUSE BILL NO. 5916
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2950 (MCL 600.2950), as amended by 2018 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2950. (1) Except as otherwise provided in subsections 1
(26) and (27), by commencing an independent action to obtain relief 2
under this section, by joining a claim to an action, or by filing a 3
motion in an action in which the petitioner and the individual to 4
be restrained or enjoined are parties, an individual may petition 5
the family division of circuit court to enter a personal protection 6
April 29, 2026, Introduced by Reps. Kuhn, Hoadley, St. Germaine, Wozniak, Pavlov and Bruck
and referred to Committee on Judiciary.
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order to restrain or enjoin a spouse, a former spouse, an 1
individual with whom he or she the petitioner has had a child in 2
common, an individual with whom he or she the petitioner has or has 3
had a dating relationship, or an individual residing or having 4
resided in the same household as the petitioner from doing 1 or 5
more of the following: 6
(a) Entering onto premises. 7
(b) Assaulting, attacking, beating, molesting, or wounding a 8
named individual. 9
(c) Threatening to kill or physically injure a named 10
individual. 11
(d) Removing minor children from the individual having legal 12
custody of the children, except as otherwise authorized by a 13
custody or parenting time order issued by a court of competent 14
jurisdiction. 15
(e) Purchasing or possessing a firearm. 16
(f) Interfering with petitioner's efforts to remove 17
petitioner's children or personal property from premises that are 18
solely owned or leased by the individual to be restrained or 19
enjoined. 20
(g) Interfering with petitioner at petitioner's place of 21
employment or education or engaging in conduct that impairs 22
petitioner's employment or educational relationship or environment. 23
(h) If the petitioner is a minor who has been the victim of 24
sexual assault, as that term is defined in section 2950a, by the 25
respondent and if the petitioner is enrolled in a public or 26
nonpublic school that operates any of grades K to 12, attending 27
school in the same building as the petitioner. 28
(i) Having access to information in records concerning a minor 29
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child of both petitioner and respondent that will inform respondent 1
about the address or telephone number of petitioner and 2
petitioner's minor child or about petitioner's employment address. 3
(j) Engaging in conduct that is prohibited under section 411h 4
or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 5
750.411i. 6
(k) Any of the following with the intent to cause the 7
petitioner mental distress or to exert control over the petitioner 8
with respect to an animal in which the petitioner has an ownership 9
interest: 10
(i) Injuring, killing, torturing, neglecting, or threatening to 11
injure, kill, torture, or neglect the animal. A restraining order 12
that enjoins conduct under this subparagraph does not prohibit the 13
lawful killing or other use of the animal as described in section 14
50(11) 50(12) of the Michigan penal code, 1931 PA 328, MCL 750.50. 15
(ii) Removing the animal from the petitioner's possession. 16
(iii) Retaining or obtaining possession of the animal. 17
(l) Any other specific act or conduct that imposes upon on or 18
interferes with personal liberty or that causes a reasonable 19
apprehension of violence. 20
(2) If the respondent is a person who is issued a license to 21
carry a concealed weapon and is required to carry a weapon as a 22
condition of his or her the respondent's employment, a police 23
officer licensed or certified by the Michigan commission on law 24
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, a 25
sheriff, a deputy sheriff or a member of the Michigan department of 26
state police, a local corrections officer, department of 27
corrections employee, or a federal law enforcement officer who 28
carries a firearm during the normal course of his or her 29
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employment, the petitioner shall notify the court of the 1
respondent's occupation before issuance of the personal protection 2
order. This subsection does not apply to a petitioner who does not 3
know the respondent's occupation. 4
(3) A petitioner may omit his or her the petitioner's address 5
of residence from documents filed with the court under this 6
section. If a petitioner omits his or her the petitioner's address 7
of residence, the petitioner shall provide the court with a mailing 8
address. 9
(4) The court shall issue a personal protection order under 10
this section if the court determines that there is reasonable cause 11
to believe that the individual to be restrained or enjoined may 12
commit 1 or more of the acts listed in subsection (1). In 13
determining whether reasonable cause exists, the court shall 14
consider all of the following: 15
(a) Testimony, documents, or other evidence offered in support 16
of the request for a personal protection order. 17
(b) Whether the individual to be restrained or enjoined has 18
previously committed or threatened to commit 1 or more of the acts 19
listed in subsection (1). 20
(5) A court shall not issue a personal protection order that 21
restrains or enjoins conduct described in subsection (1)(a) if all 22
of the following apply: 23
(a) The individual to be restrained or enjoined is not the 24
spouse of the moving party. 25
(b) The individual to be restrained or enjoined or the parent, 26
guardian, or custodian of the minor to be restrained or enjoined 27
has a property interest in the premises. 28
(c) The moving party or the parent, guardian, or custodian of 29
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a minor petitioner has no property interest in the premises. 1
(6) A court shall not refuse to issue a personal protection 2
order solely because of the absence of any of the following: 3
(a) A police report. 4
(b) A medical report. 5
(c) A report or finding of an administrative agency. 6
(d) Physical signs of abuse or violence. 7
(7) If the court refuses to grant a personal protection order, 8
it shall state immediately in writing the specific reasons it 9
refused to issue a personal protection order. If a hearing is held, 10
the court shall also immediately state on the record the specific 11
reasons it refuses to issue a personal protection order. 12
(8) A court shall not issue a mutual personal protection 13
order. Correlative separate personal protection orders are 14
prohibited unless both parties have properly petitioned the court 15
under subsection (1). 16
(9) A personal protection order is effective and immediately 17
enforceable anywhere in this state after being signed by a judge. 18
Upon On service, a personal protection order may also be enforced 19
by another state, an Indian tribe, or a territory of the United 20
States. 21
(10) The issuing court shall designate a law enforcement 22
agency that is responsible for entering a personal protection order 23
into the law enforcement information network as provided by the 24
C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215. 25
(11) A personal protection order must include all of the 26
following, to the extent practicable in a single form: 27
(a) A statement that the personal protection order has been 28
entered to restrain or enjoin conduct listed in the order and that 29
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violation of the personal protection order will subject the 1
individual restrained or enjoined to 1 or more of the following: 2
(i) If the respondent is 17 18 years of age or older, immediate 3
arrest and the civil and criminal contempt powers of the court and, 4
if he or she is found guilty of criminal contempt, charging with a 5
felony, and, if the respondent is found guilty, the court shall 6
sentence the respondent to imprisonment for life or any term of 7
years but not more than 93 days less than 182 days and a fine of 8
not more than $500.00. 9
(ii) If the respondent is less than 17 18 years of age, 10
immediate apprehension or being taken into custody and the 11
dispositional alternatives listed in section 18 of chapter XIIA of 12
the probate code of 1939, 1939 PA 288, MCL 712A.18. 13
(iii) If the respondent violates the personal protection order 14
in a jurisdiction other than this state, the enforcement procedures 15
and penalties of the state, Indian tribe, or United States 16
territory under whose jurisdiction the violation occurred. 17
(b) A statement that the personal protection order is 18
effective and immediately enforceable anywhere in this state after 19
being signed by a judge and that, upon on service, a personal 20
protection order also may be enforced by another state, an Indian 21
tribe, or a territory of the United States. 22
(c) A statement listing the type or types of conduct enjoined. 23
(d) An expiration date stated clearly on the face of the 24
order. 25
(e) A statement that the personal protection order is 26
enforceable anywhere in this state by any law enforcement agency. 27
(f) The name of the law enforcement agency designated by the 28
court to enter the personal protection order into the law 29
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enforcement information network. 1
(g) For ex parte orders, a statement that the individual 2
restrained or enjoined may file a motion to modify or rescind the 3
personal protection order and request a hearing within 14 days 4
after the individual restrained or enjoined has been served or has 5
received actual notice of the order and that motion forms and 6
filing instructions are available from the clerk of the court. 7
(12) A court shall issue an ex parte personal protection order 8
without written or oral notice to the individual restrained or 9
enjoined or his or her the individual's attorney if it clearly 10
appears from specific facts shown by a verified complaint, written 11
motion, or affidavit that immediate and irreparable injury, loss, 12
or damage will result from the delay required to effectuate notice 13
or that the notice will itself precipitate adverse action before a 14
personal protection order can be issued. 15
(13) A personal protection order issued under subsection (12) 16
is valid for not less than 182 days. The individual restrained or 17
enjoined may file a motion to modify or rescind the personal 18
protection order and request a hearing under the Michigan court 19
rules. A motion to modify or rescind the personal protection order 20
must be filed within 14 days after the order is served or after the 21
individual restrained or enjoined has received actual notice of the 22
personal protection order unless good cause is shown for filing the 23
motion after the 14 days have elapsed. 24
(14) Except as otherwise provided in this subsection, the 25
court shall schedule a hearing on a motion to modify or rescind the 26
ex parte personal protection order within 14 days after the motion 27
is filed. If the respondent is a person described in subsection (2) 28
and the personal protection order prohibits him or her the person 29
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from purchasing or possessing a firearm, the court shall schedule a 1
hearing on the motion to modify or rescind the ex parte personal 2
protection order within 5 days after the motion is filed. 3
(15) The clerk of the court that issues a personal protection 4
order shall do all of the following immediately upon on issuance 5
and without requiring a proof of service on the individual 6
restrained or enjoined: 7
(a) File a true copy of the personal protection order with the 8
law enforcement agency designated by the court in the personal 9
protection order. 10
(b) Provide the petitioner with 2 or more true copies of the 11
personal protection order. 12
(c) If the respondent is identified in the pleadings as a law 13
enforcement officer, notify the officer's employing law enforcement 14
agency, if known, about the existence of the personal protection 15
order. 16
(d) If the personal protection order prohibits the respondent 17
from purchasing or possessing a firearm, notify the county clerk of 18
the respondent's county of residence about the existence and 19
contents of the personal protection order. 20
(e) If the respondent is identified in the pleadings as a 21
department of corrections employee, notify the state department of 22
corrections about the existence of the personal protection order. 23
(f) If the respondent is identified in the pleadings as being 24
a person who may have access to information concerning the 25
petitioner or a child of the petitioner or respondent and that 26
information is contained in friend of the court records, notify the 27
friend of the court for the county in which the information is 28
located about the existence of the personal protection order. 29
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(16) The clerk of the court shall inform the petitioner that 1
he or she the petitioner may take a true copy of the personal 2
protection order to the law enforcement agency designated by the 3
court under subsection (10) to be immediately entered into the law 4
enforcement information network. 5
(17) The law enforcement agency that receives a true copy of a 6
personal protection order under subsection (15) or (16) shall 7
immediately and without requiring proof of service enter the 8
personal protection order into the law enforcement information 9
network as provided by the C.J.I.S. policy council act, 1974 PA 10
163, MCL 28.211 to 28.215. 11
(18) A personal protection order issued under this section 12
must be served personally or by registered or certified mail, 13
return receipt requested, delivery restricted to the addressee at 14
the last known address or addresses of the individual restrained or 15
enjoined or by any other manner allowed by the Michigan court 16
rules. If the individual restrained or enjoined has not been 17
served, a law enforcement officer or clerk of the court who knows 18
that a personal protection order exists may, at any time, serve the 19
individual restrained or enjoined with a true copy of the order or 20
advise the individual restrained or enjoined of the existence of 21
the personal protection order, the specific conduct enjoined, the 22
penalties for violating the order, and where the individual 23
restrained or enjoined may obtain a copy of the order. If the 24
respondent is less than 18 years of age, the parent, guardian, or 25
custodian of the individual must also be served personally or by 26
registered or certified mail, return receipt requested, delivery 27
restricted to the addressee at the last known address or addresses 28
of the parent, guardian, or custodian. A proof of service or proof 29
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of oral notice must be filed with the clerk of the court issuing 1
the personal protection order. This subsection does not prohibit 2
the immediate effectiveness of a personal protection order or its 3
immediate enforcement under subsections (21) and (22). 4
(19) The clerk of the court that issued the personal 5
protection order shall immediately notify the law enforcement 6
agency that received the personal protection order under subsection 7
(15) or (16) if either of the following occurs: 8
(a) The clerk of the court receives proof that the individual 9
restrained or enjoined has been served. 10
(b) The personal protection order is rescinded, modified, or 11
extended by court order. 12
(20) The law enforcement agency that receives information 13
under subsection (19) shall enter the information or cause the 14
information to be entered into the law enforcement information 15
network as provided by the C.J.I.S. policy council act, 1974 PA 16
163, MCL 28.211 to 28.215. 17
(21) Subject to subsection (22), a personal protection order 18
is immediately enforceable anywhere in this state by any law 19
enforcement agency that has received a true copy of the order, is 20
shown a copy of it, or has verified its existence on the law 21
enforcement information network as provided by the C.J.I.S. policy 22
council act, 1974 PA 163, MCL 28.211 to 28.215. 23
(22) If the individual restrained or enjoined has not been 24
served, a law enforcement agency or officer responding to a call 25
alleging a violation of a personal protection order shall serve the 26
individual restrained or enjoined with a true copy of the order or 27
advise the individual restrained or enjoined of the existence of 28
the personal protection order, the specific conduct enjoined, the 29
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penalties for violating the order, and where the individual 1
restrained or enjoined may obtain a copy of the order. The law 2
enforcement officer shall enforce the personal protection order and 3
immediately enter or cause to be entered into the law enforcement 4
information network that the individual restrained or enjoined has 5
actual notice of the personal protection order. The law enforcement 6
officer also shall file a proof of service or proof of oral notice 7
with the clerk of the court issuing the personal protection order. 8
If the individual restrained or enjoined has not received notice of 9
the personal protection order, the individual restrained or 10
enjoined must be given an opportunity to comply with the personal 11
protection order before the law enforcement officer makes a 12
custodial arrest for violation of the personal protection order. 13
The failure to immediately comply with the personal protection 14
order is grounds for an immediate custodial arrest. This subsection 15
does not preclude an arrest under section 15 or 15a of chapter IV 16
of the code of criminal procedure, 1927 PA 175, MCL 764.15 and 17
764.15a, or a proceeding under section 14 of chapter XIIA of the 18
probate code of 1939, 1939 PA 288, MCL 712A.14. 19
(23) An individual who is 17 18 years of age or older and who 20
refuses or fails to comply with a personal protection order under 21
this section is subject to the criminal contempt powers of the 22
court and, if found guilty, must be imprisoned for not more than 93 23
days and may be fined not more than $500.00. guilty of a felony. 24
The court shall sentence the person to imprisonment for life or any 25
term of years but not less than 182 days or a fine of not more than 26
$500.00, or both. An individual who is less than 17 18 years of age 27
and who refuses or fails to comply with a personal protection order 28
issued under this section is subject to the dispositional 29
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alternatives listed in section 18 of chapter XIIA of the probate 1
code of 1939, 1939 PA 288, MCL 712A.18. The criminal penalty 2
provided under this section may be imposed in addition to a penalty 3
that may be imposed for another criminal offense arising from the 4
same conduct. 5
(24) An individual who knowingly and intentionally makes a 6
false statement to the court in support of his or her the 7
individual's petition for a personal protection order is subject to 8
the contempt powers of the court. 9
(25) A personal protection order issued under this section is 10
also enforceable under section 15b of chapter IV of the code of 11
criminal procedure, 1927 PA 175, MCL 764.15b, and chapter 17. 12
(26) A court shall not issue a personal protection order that 13
restrains or enjoins conduct described in subsection (1) if any of 14
the following apply: 15
(a) The respondent is the unemancipated minor child of the 16
petitioner. 17
(b) The petitioner is the unemancipated minor child of the 18
respondent. 19
(c) The respondent is a minor child less than 10 years of age. 20
(27) If the respondent is less than 18 years of age, issuance 21
of a personal protection order under this section is subject to 22
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 23
to 712A.32. 24
(28) A personal protection order that is issued before March 25
1, 1999 is not invalid on the ground that it does not comply with 1 26
or more of the requirements added by 1998 PA 477. 27
(29) For purposes of subsection (1)(k), a petitioner has an 28
ownership interest in an animal if 1 or more of the following are 29
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applicable: 1
(a) The petitioner has a right of property in the animal. 2
(b) The petitioner keeps or harbors the animal. 3
(c) The animal is in the petitioner's care. 4
(d) The petitioner permits the animal to remain on or about 5
premises occupied by the petitioner. 6
(30) As used in this section: 7
(a) "Dating relationship" means frequent, intimate 8
associations primarily characterized by the expectation of 9
affectional involvement. Dating relationship does not include a 10
casual relationship or an ordinary fraternization between 2 11
individuals in a business or social context. 12
(b) "Federal law enforcement officer" means an officer or 13
agent employed by a law enforcement agency of the United States 14
government whose primary responsibility is the enforcement of laws 15
of the United States. 16
(c) "Neglect" means that term as defined in section 50 of the 17
Michigan penal code, 1931 PA 328, MCL 750.50. 18
(d) "Personal protection order" means an injunctive order 19
issued by the family division of circuit court restraining or 20
enjoining activity and individuals listed in subsection (1). 21
Enacting section 1. This amendatory act takes effect 90 days 22
after the date it is enacted into law. 23